1 GENERAL POINTS AND SCOPE
1.1 These general terms and conditions (“GTC”) apply to the contracting company of Weiss GmbH (us).
1.2 Our GTC apply in their respective currently applicable version to all business operations between us as a seller and our buyers, no matter if we perform deliveries or services. If and when a buyer uses his/her own terms and conditions, these do not become content of the contract. This also applies when the buyer transmits an order confirmation, in which the terms and conditions are included. Our GTC shall apply to follow-up transactions, even if this is not expressly pointed out. Deviations from the GTC only apply to one business case and are to be made in writing, otherwise they are not effective. By submitting his/her order, the customer declares his/her agreement to these general terms and conditions and to be bound by them.
1.3 If and when legal transactions with buyers are concluded in the area of the Consumer Protection Act, these GTC shall apply only insofar that no mandatory provisions of the Consumer Protection Act apply.
- CONCLUSION OF CONTRACT
2.1 Our offers are subject to change and non-binding. Information and comments about the product characteristics in brochures, price lists, etc. are nonbinding.
2.2 A conclusion of contract does not come about before we transmit a written order confirmation. If this order confirmation deviates from the buyer’s offer, the buyer can object within three business days. Otherwise, the contract shall come about with the amendments in the order confirmation.
2.3 Verbal or telephonic agreements require our written confirmation to become legally effective, with email sufficing. Silence on our part is not considered as agreement.
2.4 For the contract conclusion, the German language is exclusively available.
- DELIVERY DEADLINES
3.1 Delivery deadlines are non-binding, unless expressly agreed on as binding in writing.
3.2 If we are prevented from fulfilling our obligations due to the occurrence of unpredictable circumstances or such not attributable to us, such as business disruption, acts and interventions of sovereignty, energy supply difficulties, loss of a difficult to replace supply, strike, obstruction of transport routes, delays in customs clearance or due to force majeure events, the delivery deadline shall be extended to an appropriate extent. It is insignificant whether these circumstances occur at our company or one of our subcontractors.
3.3 The delivery deadline begins with the fulfilment of all obligations of the buyer. Obligations of the buyer include payments by the deadline as well as any information and documentation to be provided by the buyer as necessary for order fulfilment.
- DELIVERY & ACCEPTANCE
4.1 Unless otherwise agreed, delivery is made to the customer’s curbside. We are authorised to decide the shipment route and the mode of shipment as we reasonably see fit, as well as select the carrier and freight forwarder.
4.2 We are authorised to perform partial or advance deliveries.
4.3 The buyer is to report in writing, and with details about the type and extent, any deficiencies immediately upon accepting the goods or in any case at the earliest possible time at which such deficiencies become noticeable, For packed goods, a claim period of three days is deemed to be agreed on. If deficiencies are nevertheless detected, the buyer must first accept, properly unload and store the delivery. If notice of defects is not raised or not raised in due time, the goods shall be deemed to have been accepted Warranty claims and/or claims for damages as well as the right to avoidance on the grounds of mistake are expressly excluded in this case.
4.4 The delivery time on the agreed delivery date is between 8:00 and 18:00. If the shipping company cannot deliver the goods at the agreed-on delivery address during this period, because the customer is not on site to accept the goods, any additional costs incurred on part of the shipping company shall be borne by the customer.
4.6. Changes to the delivery date must be agreed upon with Weiss GmbH. Any unauthorised changes to the delivery date directive with the shipping company are prohibited All additional costs incurred on part of the shipping company must be borne by the customer in this case.
4.5 The buyer expressly agrees that the seller is authorised to immediate full or partial termination or suspension of the contract, if through the fulfilment of the obligations of the seller, Austrian or European law or international sanctions binding the seller could be breached.
4.6 For pickup by the customer, the seller shall inform the customer at first by email that the goods ordered by the customer are ready for pickup. After receiving this email, the customer can pick up the goods as per prior agreement with the seller at the seller’s place of business. In this case, no shipping costs will be charged.
5. PRICES AND PAYMENT
5.1. Unless otherwise shown in the seller’s product description, The indicated prices are total prices, which include the statutory value added tax. Any additional delivery and shipping costs incurred will be indicated separately in the respective product description.
5.2. We accept the following payment methods: Prepayment (bank transfer), credit card (Visaaund Mastercard), EPS Sofortüberweisung (SOFORT online bank transfer), PayPal, cash payment on pickup by the customer. When payments are made, an encrypted transmission conforming to the current state of technology – SSL will be enabled, whereby the data will be protected from unauthorised access.
6. CONTRACTUAL EXCLUSION OF SET-OFF
6.1 The buyer is not authorised to withhold payments because of warranty claims or other counter-claims not recognised by us. Any set-off against our claims with counter-claims, no matter which kind, shall be excluded.
6.2 Payments must be made without deductions and retention.
A maximum of 5 % of the purchased goods can be returned or exchanged within 30 days from the purchase date in the branch in which they were bought. The original invoice is required for this, and the goods must still be in their original packaging. Glue, care products, fitting and mountings & orders from manufacturers explicitly titled as such are excluded from exchange and return.
The return costs as well as the shipping risk are borne by the customer.
Cancellations must be made to Weiss GmbH, Reitdorferstraße 124, 5542 Flachau, E-Mail: firstname.lastname@example.org gerichtet werden
7. PROPERTIES OF THE WOOD
7.1 Wood is a natural product; its natural properties, irregularities and characteristics must thus always be taken into account. In particular, the buyer has to follow for its biological, physical and chemical properties when buying and using the wood.
7.2 The range of natural differences in colour, structure and other aspects within a type of wood is part of the properties of wood as a natural product and does not constitute any cause for complaints or liability.
7.3 If necessary, the purchaser shall obtain professional advice.
- RETENTION OF TITLE
8.1 Until the complete fulfilment of all financial obligations on part of the buyer, the goods shall remain our property. The buyer is obligated to transport and store the goods carefully until that time as well as insure them sufficiently against damage. In case the goods are destroyed, the buyer shall transfer the insurance benefit from the respective damage case to us.
8.2 In case of attachment or any other claims, the buyer must assert our right of ownership and notify us immediately. If the registration of our title must be done in accordance with local law, the buyer undertakes to register our rights and absorb all costs associated with this, as soon as he/she is requested to do so in writing by us for the first time.
8.3 Any resale of the goods is to be made subject to retention of title, provided that this is permissible according to applicable law. Resale is only permitted if we are notified of this in advance in writing, citing the name/company and address of the recipient as well as the amounts of the claim against him/her, and we agree to this. The buyer already now assigns the claim he/she is entitled to from the resale to us. The buyer must notify his/her recipients of the assignment at the time of concluding the contract for resale. We can make use of this assignment at any time. An assignment as security or pledging of such goods is prohibited.
8.4 Any legal transaction fees as well as costs incurred as a result of the assertion of our claims are to be reimbursed by the buyer, as soon as he/she is requested to do so in writing by us for the first time.
8.5 Our ownership shall remain in force also if the goods under retention of title are treated or processed; proportional co-ownership is in place.
9.1 We guarantee that our deliveries are made in the agreed quality and grade. We are only liable for special properties if these have been confirmed in writing. For production- or material-related deviations no guarantee will be provided.
9.2 Except for those cases in which the right to redhibition is ensured by law, we reserve the right to fulfil the warranty claim according to our choice by means of improvement, replacement or price reduction. The replacement entitlement does not include removal or disassembly of the faulty item and installation of the defect-free item.
9.3 The buyer must always prove that the defect was already in place at the time of handover.
9.4 For the costs of remedy of defects carried out by the buyer, in particular for the costs of any covering purchases, we shall only pay if we agreed to this in writing in advance.
9.5 For those parts of the goods which we obtained from subcontractors, we provide guarantee only within the scope of the warranty claims we are entitled to ourselves vis-a-vis the subcontractor.
9.6 No obligations as a result of manufacturers’ warranties shall apply to us.
9.7 Costs for disassembly or assembly of already installed, defective goods, their transport, as well as all other possible damage/harm caused by the defective product are only to be reimbursed in case of intent or gross negligence.
9.8 If the buyer carries out installation by him/herself, he/she shall ensure that no defective material is installed. Defective goods will be replaced by us at no cost in accordance with the aforementioned terms. Subsequent compensation (price reduction, damages, etc.) for floors already installed is expressly excluded. The buyer is to carefully follow the installation instructions (instruction manual). If and when defects or damages occur due to non-observance of the same, all and any liability on our part shall be inapplicable.
9.9 For special promotion floors, the warranty on part of the manufacturer does not apply.
9.10 The claim to recourse acc. to § 933b ABGB (General Civil Code) is excluded.
9.11 Any warranty claims are to be fulfilled at the place of business of the contracting branch.
10 DATA PROTECTION
10.1 Our staff are subject to the non-disclosure obligations of the data protection act. The customer accepts that the use of the data about the customer mentioned in the contract will be stored and processed for the purpose of our accounting and customer records. The data will be used to meet legal regulations and for processing the payment transactions. Customer data are not be passed on to third parties, unless this is absolutely necessary for contract processing (e.g. shipping company). Our contractual partners are aware of the data protection regulations and bound vis-a-vis us in that respect.
11.1 Austrian law applies. The applicability of the UN Sales Convention s expressly excluded. The contractual language is German. The contracting parties agree on Austrian, domestic jurisdiction. If the contract is not for consumer business, any disputes arising from this contract shall be settled exclusively by the court with jurisdiction for the place of business of our company. We accept the Internet Ombudsmann as out-of-court dispute resolution. Information at: Internet Ombudsmann, Margaretenstr. 70/2/10, 1050 Vienna, Telefon 01/5952112-95, www.ombudsmann.at
12.1. Without written permission it is not permitted to use content, images or files for own requirements. Direct links to our pages are strictly prohibited without our consent! All trademarks are the property of the respective manufacturer or publisher. All rights to the texts, images and graphics of the individual products pages belong to Weiss GmbH or the respective manufacturer.